Shahabas Tasim Ahammed vs P.M.Achuthan & Company
2022 Latest Caselaw 2351 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                           OP(C) NO. 419 OF 2022
 AGAINST THE ORDER/JUDGMENT IN I.A.NO.2/2021 IN CS 646/2021 OF PRINCIPAL
                  SUB COURT / COMMERCIAL COURT, KOZHIKODE
PETITIONER/RESPONDENTS 1 AND 2/ DEFENDANTS 1 AND 2:

     1       SHAHABAS TASIM AHAMMED
             AGED 26 YEARS
             S/O.AHAMMED KOYA, KUNHIKANDIYIL HOUSE
             THALIYIL, KAYAKKODI VILLAGE,
             THALIYIL DESOM, KUTTIYADI, KOZHIKODE

     2       AHAMMED,
             AGED 58 YEARS,
             S/O.KUNHIKANDIYIL MOIDU,
             KUNHIKANDIYIL HOUSE
             THALIYIL, KAYAKKODI VILLAGE
             THALIYIL DESOM, KUTTIYADI, KOZHIKODE.
             REPRESENTED BY POWER OF ATTORNEY HOLDER
             SHAHABAS TASIM AHAMMED, THE FIRST PETITIONER
             BY ADVS.
             M.PROMODH KUMAR
             MAYA CHANDRAN
             ABIMALEK C VALSAN


RESPONDENT/PETITIONER/PLAINTIFF:

             P.M.ACHUTHAN & COMPANY
             DOOR NO.1/63
             THACHAMBALATH, PAYYENDIMEETHAL P.O.
             PANTHEERANKAVU, KOZHIKODE
             PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER
             P.M.ACHUTHAN,
             S/O.P.M.RARU, AGED 70 YEARS,
             RESIDING AT THACHAMBALATH HOUSE
             PAYYEDIMEETHAL P.O.,
             PANTHEERANKAVU, KOZHIKODE - 673 019

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.419 OF 2022
                                  2


                            JUDGMENT

Dated this the 2nd day of March, 2022

The order passed by the Commercial Court, Kozhikode in

I.A.No.2/2021 in C.S.No.646/2021 under Order XXXIX Rule 1 and 2

of the Civil Procedure Code is under challenge in this Original

Petition filed under Article 227 of the Constitution of India.

2. Though the learned counsel submitted at the time of

hearing that appeal not provided from orders from commercial

court, when his attention was brought to Section 13 r/w proviso,

he also conceded that the order is appealable.

In view of the matter, this order is appealable before the

Appellate Court. Hence, this Original Petition stands dismissed

with liberty to the petitioner to approach the Appellate court and

address his grievance by way of appeal.

Sd/-

A. BADHARUDEEN JUDGE nkr OP(C) NO.419 OF 2022

APPENDIX OF OP(C) 419/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT CS 646/2021 DATED 08/10/2021 FOR COMMERCIAL COURT, KOZHIKODE Exhibit P2 TRUE COPY OF THE I.A.2/2021 IN CS 646/2021 Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12TH NOVEMBER, 2021.

Exhibit P4 TRUE COPY OF THE AGREEMENT EXECUTED ON 25.05.2020 Exhibit P5 TRUE COPY OF THE PETITIONERS LAWYER NOTICE COLLECTED 18.08.2021 Exhibit P6 REPLY NOTICE SEND BY ON BEHALF OF PETITIONER ON 01.09.2021 Exhibit P7 TRUE COPY OF THE ORDER DATED 02.12.2021 IN I.A. 2/2021 IN CS 646/2021 OF THE COMMERCIAL COURT, KOZHIKODE